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SMITH, HOWARD & McCOY, INC. v. ACME GENERAL CON., INC.

No. 9904.

152 So.2d 596 (1963)

SMITH, HOWARD AND McCOY, INC., Plaintiff-Appellant, v. ACME GENERAL CONTRACTORS, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied April 25, 1963.

Certiorari Refused June 14, 1963.

Attorney(s) appearing for the Case

Marion K. Smith, Shreveport, Theus, Grisham, Davis, Leigh & Brown, Monroe, for appellant.

Thompson, Thompson & Sparks, Monroe, for appellee.

Before HARDY, GLADNEY and AYRES, JJ.

AYRES, Judge.

This is an action upon an open account in the sum of $6,530.47, representing pastdue premiums on insurance policies issued by plaintiff agency and charged to defendant. From an adverse judgment, plaintiff has appealed. Plaintiff's demands were rejected on a basis that, after this suit was filed, defendant executed and delivered to plaintiff its promissory note in payment and satisfaction of the account sued upon. The question is whether the giving and...

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